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IN THE MATTER OF HECHT v. BIVONA

Appellate Division of the Supreme Court of New York, Second Department.
Oct 18, 2004
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Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner failed to demonstrate "proper cause" for the issuance of a "carry concealed" permit (Penal Law ยง 400.00 [f]; Matter of Bando v. Sullivan, 290 AD2d 691, 693; Matter of Milo v. Kelly, 211 AD2d 488; Matter of Bernstein v. Police Dept. of City of N.Y., 85 AD2d 574; Matter of Klenosky v. New York City Police Dept., 75 AD2d 793, affd 53 NY2d 685). Accordingly, the respondent's determination was not arbitrary or capricious and therefore, should not be disturbed ( see Matter of Sarro v. Smith, 8 AD3d 395).